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BERRA v. CHSP 36TH STREET LLC

10614N. 22534/13E.

178 A.D.3d 556 (2019)

112 N.Y.S.3d 491

2019 NY Slip Op 09097

Ydalgo Berra, Respondent, v. CHSP 36th Street LLC et al., Appellants, and Rotavele Elevator, Inc., Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 19, 2019.

Attorney(s) appearing for the Case

Cartafalsa, Turpin & Lenoff, New York ( Christopher J. Turpin of counsel), for appellants.

Gottlieb Siegel & Schwartz, LLP, New York ( Laura R. McKenzie of counsel), for appellant-respondent.

Louis Grandelli, P.C., New York ( Ari R. Lieberman of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Manzanet-Daniels, Kapnick, JJ.

The opinion of Rotavele's expert engineer, based on his inspection of the elevator, that the mechanical design of the elevator would make it impossible for the elevator car to free-fall or even speed up, raised questions of fact as to whether the accident occurred as plaintiff alleges and whether the doctrine of res ipsa loquitur applies here (see Morejon v Rais Constr. Co., 7 N.Y.3d 203, 209 [2006]).

Furthermore, given the...

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